Medicare Set-Aside applied to medical malpractice litigation: methodology, deliverables, and case-specific considerations.
Care categories depend on the injury: delayed-diagnosis cases may involve oncology follow-up, surgery, and palliative care; surgical and anesthesia injury may involve neurological rehabilitation, wound care, ostomy supplies, or chronic pain management; medication and hospital-acquired injury may involve dialysis, organ transplant follow-up, or long-term nursing. The plan is organized by the same categories as any life care plan, with each item flagged as incremental or baseline.
A written expert report, supporting data appendices, and, when retained, deposition and trial testimony.
The planner documents what care the patient would have needed for the underlying condition absent the breach, based on physician opinion and the medical record, then lists separately the care made necessary by the injury. Items that fall in both are identified so counsel can address apportionment.
Treating physicians and any retained standard-of-care and causation experts. The life care planner does not opine on causation; the plan states which physician recommendations support each care item.
Yes. Rebuttal review examines the opposing plan's clinical foundation, frequencies, durations, cost sources, and treatment of baseline care, and identifies where it departs from the record or from accepted life care planning methodology.
They define the baseline. The plan projects how the pre-existing condition would have progressed and what care it would have required, then limits the claimed items to the additional care caused by the injury.
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